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THE

LONDON MAGAZINE,

For JANUARY, 1766.

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**HETHER the British tained in the last century either by

parliament has a right right of conquest and driving out the W

to impose taxes upon natives (with what natural justice I the British plantations thall not at present enquire) or by in America, being a treaties. And therefore the common question now inuch agi. law of England, as such, has no allow

tated both in writing ance or authority there ; they being no and conversation, we hall give our part of the mother country, but dilreaders the following extract from the tinct (though dependent) dominions. learned Mr. Blackistone's com- They are subject however to the conmentaries upon that subject. That troll of the parliament; though (like gentleman, after treating of Ireland Ireland, Man, and the rest) not bound and the other islands subject to Eng. by any acts of parliament, unless parland, proceeds thus :

ticularly named. The form of govern“ Besides these adjacent i lands, our ment in most of them is borrowed from more diftant plantations in America, that of England. They have a goand elsewhere, are also in some respects vernor named by the king, (or in fome subject to the English laws. Plantati. proprietary colonies by the proprieons, or colonies in diftant countries, tor) who is his representative or deare either such where the lands are puty. They have courts of justice claimed by right of occupancy only, of their own, from whose decisions by finding them desart and unculti- an appeal lies to the king in council vated, and peopling them from the here in England. Their general assemmother country; or where, when cul. blies, which are their house of commons, tivated, they have been either gained together with their council of Itate, beby conquest, or ceded to us by treaties. ing tbeir upper house, with the conAnd both these rights are founded upon currence of the king or his representa, the law of nature, or at least upon that tive the governor, make laws luited to of nations. But there is a difference their own emergencies. But it is parbetween these two species of colonies ticularly declared by statute 7 & 8 w. with respect to the laws by which they III, c. 22. That all laws, by-laws, are bound. For it is held *, that if usages, and customs, which thall be in. an uninhabited country be discovered practice in any of the plantations, reand planted by English subjects, all the pugnant to any law, made or to be English laws are immediately there in made in this kingdom relative to the force. For as the law is the bath right said plantations, Thall be utterly void of every subject, so wherever they go and of none effect." they carry their laws with them 7. We wish this gentleman would give But in conquered or ceded countries, his opinion upon the old statute De Talthat have already laws of their own, lagio non concedendo, on which seems to the king may indeed alter and change be founded the reason why the Brithose laws; but, till he does actually tilh parliament ever attempted to imchange them, the antient laws of the pose a tax upon Ireland, the Ife of country remain, unless such as are Man, or upon Guernsey and Jersey. against the law of God; as in the case of an infidel country I.

Arguments in Behalf of L. G. S. American plantations are prin- REAT Atress is laid on his late

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Salk. 411, 666.

+ 2 P.Wms. 7.5
7 Rep. 17 b. Calvin's case. Slow. Parl. C. 31.
Jan. 1765.

B 2

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4 Arguments for and against L G.-S.- Jan. L-GS

Did not the Nill give greater credit to the evidence lame authority which censured L- of his fellow officers, and the sentence G- , protect Admiral Leftock ? of his compatriot judges, both taking And was not Leltock equally, if not on oatlı, than to the bare affertions or more guilty? If the one was protected idte queries of a few nameless writers, throngh the prejudice of minitters, who may be, and who are suspected of miglit not the other be censured under being his creatures. the like prejudice? Did not two thips I must, therefore, beg leave of these under Leftock break from him, and writers to suppose he was actually engage, and were applauded for doing guilty of some misbehaviour, as I canso? And miglit not lord G-- have not conceive so many worthy officers done the same at Minden, if the duty perjured, or the experienced good old had appened presling? Is the suffer- king mistaken. And on this suppoing an enemy to retire una tacked, al- sition I cannot be over inuch elated at ways culpable? And did not the his approaching administration. His duke of Marlborough at Blenheiin, abilities may be great, but thould he stfer a body of Bavarians to retire, in likewike prefer PRIVATE PIQUE, as the face of his victorious army, without it is fulpected he did at Minden, to the least hindrance ? Did not Sir, John national advantage, they will in so exMordaunt, and the present secretary aited a station enable him to do the of state, come back from the coast of grcater mischief. And if such fhould France, without landing the troops ? be the case, what have not they to fear, And yet, does any man impute that who liad honesty enough to bear testiaffair to any want of spirit in either ? mony against him, or integrity suf. Is it not most probable, L-G

ficient to find him guilty: or how, in S

embarrafled with contra. any case, can they serve under him in dictory orders, was necesitated to one station, with 'honour, who was by clapse the time of engaging? And is it the voice of his country thought un. not most likely, the court-martial de worthy to command them in another? graded hin more to set an example to I would not, therefore, for their own others, than from any conviction of fakes in particular, and for their natihis guilt? Which is plainly the sense on's in general, have a person of fus. of a British K---, towards an injured pected character employed in any place British subjeći ; and the court-martial of trust till there cannot be found one free him from either cowardice or dir- to fill it, whose ability, honour and affection, otherwise they must have integrity, have never been impeached. palled a different sentence.

While we have so many of this charac

ter, I cannot help saying of LArguments ogainfi L. G. S.

G- - S. in the words of

Queen Hecuba, wished his wife to be, non solum Non tali auxilio, nec defensoribus iftis sine crimine, sed etiam fine labe, not only Tempus eget. willout a crime, but also without the imputation of one. Whether L

Advices from the EAST-INDIES. G-S

ever really Extract of a Letter from Baneres, Feo guilty of any misbehaviour, or not, í

bruary 10. will not take upon toe to determine. His country found him guilty ; to sup

*HE 6th of last month Major "T

Munro left the army; and the fore, therefore, he was not, is to in, command devolved on Sir Robert Fletpeach the justice, the honour, the in- cher, Major in the company's service. tegrity, of many brave, not German, As he was to have the command but but British officers, who on their oaths for a Mhort time, Major Carnac being after impartially hearing the best de- ordered by the governor and council fence he could make, found liim so. to proceed to the army for that purThe late king, whose peculiar talent pole, he was resolved to make the best was war, thought him lo; nay, thought use of his time, and has indeed done him lo eminently so, that he com- great things. About a month before maided his sentence to be read at tive Major Munro's departure, we had met jiead or his troops in all parts of the with two severe repulses in our attacks world. The judicicus, therefore, mult against a fort situated on the top of an

A

was

1766.

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Successes in the Fast-Indies.

5 high hill, and on the river: We Sir Robert was not lefs successful had made a breach in the walls, and a against Eliabad; so that little now is ftorming party was ordered to mount wanted to complete the ruin of Suja it, but from the steepness of the hill, Dowlah. and the torrent of stones that were We daily expect Lord Clive, and rolled from it, it was impoflicle to. hope the next campaign will conduct get up it. The next night ano. us, under his auspices, to Delly, to ther trial was made but to the same establish the emperor, who is again in effect : We had many men killed, and our pofleffion, on the throne of his many officers wounded, and almost ancestors.” all the cadets, who went upon the service. Major Munro upon this with- To the AUTHOR of the LONDON drew all the forces fent upon this expe

MAGAZINE. dition, in order to strengthen the ar- SIR, to withstand Suja Dowlah's, who on of the Divine Legation of Moles hearing our repulses, had flattered contains some reflections on the interhimself that he should stand a good mediate state of the soul-which chance of beating us. We encainped seem liable to the following remarks : under the walls of Baneres, waiting 1. Dr. L. by an appeal to the scriphis approach. His infantry and ar- tures, and by positive declaration to. tillery did not come within fifteen 'ward the end of his book, is averse to miles of us; but his horse were conti considering the question in a metaphynually skirmishing with our advanced fical light, as tending only to perplex posts. It was thought improper to and confound, not convince the unmove our situation; we secured Bane. derstanding. So that whatever dispu. res from the ravage of his horse, who tant is now desirous of bringing the would certainly on our movement question to a fair issue with that learnhave plundered it. In this situation ed gentleman-has only to oppose were our affairs when Sir Robert came that chain of scripture arguments pro. to the cominand. He resolved to at- duced by him, by one of the fame metal tack tbem. He left a party in Baneres as strong- for the cobwebs of zo defend it against whatever might metaphysics will not answer his purcome against it, and on the fourteenth, pose. at twelve o'clock at night, marched off 2. With regard to the Sadducean with the army towards the enemy, principle of the soul being but a quawho lay about fixteen miles from him. fity, which makes way for a moft noThe third day he came up with them. torious argument, thus I answer ; They three times drew up to fight him; presuming I enter into the meaning but would not stand at last. When he of the soul-sleeping professor at Cambad routed them, he sent a large de- bridge. Dr. L. considers the tachment against the fatal fort. The soul as an essential part or quality, if goveruor of which, after there were you will, of the compound, conscious three practical breaches made in the being, man. Now upon the diffoluwalls, delivered up the keys of the fort, tion of this being, its parts or quali. with tears in his eyes, and with these ties cease to be, until God shall be affecting words, in the fight of all his pleased, in conformity with his gra. troops.

cious promises, to revive it again. "I have endeavoured to act like a This intermediate state is apily wldier; but deserted by my prince, and enough expressed by the Neep, not apleft with a mutinous garrison, what plied separately to the soul, but to the could I do? God and you (laying his whole man. so that all Dr. W.-.-'s hand on the koran, and pointing to notable reasoning against the sleep of bis foldiers) are witnesses, that to the a qualicy, is but buffetting the air. faith of the English I now truit my 3. Next comes the sophism

of the polife and fortune."-_What a noble be- lytheist : Dr. Law says, “ All philobaviour! Becoming the bravest and sophical arguments drawn from our most polished European. His troops notions of matter, and urged against bad been without pay for above fix the possibility of life, thoug!ıt, and

agency, being so connected with forie

portions

months.

ó
Remarks on the Divine Legation.

Jin. portions of it as to constitute a com- her nature as soon as they were propound being, or person, are merely posed. This knowledge, thus fpread grounded on our ignorance" (here the abroad, it was needlels for christianity unfair quotation ends, to make way to go back to the elements---and to for an odious unmeaning comparison) far they were taken for granted. But " And will prove equally against even here, in cases where this knowknown fact and daily observation." And ledge was well nigh obliterated, as tlais he confirms by natural history. at Athens and Lycaonia, they did go

Just .v, lays, W.., the polytheilt ar- back to that foundation. In short gucs. **All arguments from meta- there are many things beyond the reach : piysics for the unity are manifestly vain of our understandings, and fo I believe and merely founded on our ignorance." is the knowledge of our blessed creaNow to make this ill meant compari- tor beyond what he is pleased to refon biold, he ought to have added as veal. Finally, if we conlider the ex. does Dr. L. “ And will prove equal treme ignorance of the wifeft pagans ly against known fact and daily ob. on this subject, substract from what servation.". But this would have spoil. they have said of the value of tradition, ed all, for in this case the metaphysi- and carefully attend to Leland's Refucal arguments are confirmed not con- tation of W-.-'s dream concerning the tradicted by experience, from which unity as a doctrine of the mysteries muy be deduced many moral argu. in the pagan worship---it will not I. ments in support of the unity. think appear that these truths are de

4. But the very texts which might monftrable by reason or as sucli, taken seem to give a handle to the poly- for granted in the scripture. Nor theist are found likewise allerting the does this appear to me to contradict unity as “ we three are one, &c. St. Paul's reasoning to the Romans. But how few and inconsiderable are It is sufficient for his argument that the texts if we read the appendix with having a traditional knowledge of the an open beart, which can be opposed existence and unity they did not keep to the conttant tenor of the Scripture thefe truths alive in their minds by as there discovered to us!

the obvious arguments of the order 5. Ds W, makes the believers an- of the creation, &c. · Otherwise what swer the polytheist, by allerting that tolerable account can be given of the Scriptures take the unity and idolatry? There can be no instance existence of God for granted, as truths produced of any useful discovery of demonstrable by natural light. reason so absurd and lost in the world,

To this though not immediately be- as was the knowledge of the deity. longing to this

question, I answer, that The fame moderate thare of reasoning the chrisbian scriptures do in general which led the first men to this great take the existence and unity for grant- discovery would have kept it uncored, and upon that foundation raise rupted. their christian superstructure. But 6. Just so much then as there are wherefore take them for granted supposed in bis fente, so much is the Not, I believe, because reason can de. foul supposed an immaterial substance monstrate them, but because God has in the scriptures. For was it so, dealt with man from one revelation why are there so many texts a fierting lels, to another more perfect. He had the contrary which have never been from the beginning revealed himself to answered. the earliest inhabitants, of this globe, 7. The dreamers (says Warburton) and kept up a long communication 'areaware of this (that the soulis fupporwith them, teaching the knowledge of ed immortal, &c.) and therefore liold bimself and of other duties. After with the unbelievers (the old cant) this he selected a people to keep up that the soul is no substanc but a quathese two grand truths in the world. lity only,” As to the soul's being a It is reasonable to believe that human quality I have already spoken so far as wit added norhing worth the addition it concern's Cr. L. But who are the te these gracious discoveries. God dreamers aware of this; Dr L. the created man with such an understand- gentleman here aimed at, has, inlucing as eati!y to discern the justice kily for the bishop's candor expreisand conformity of these truths to ly told us, where he speaks of iillot

TOR

1

.1766.

Dr. Cook's Intelligencers doubted.

7 fon (who likewise thought the natural as long as he pleases, provided be allow immortality taken for granted in the that, after the diffolution of this be. scripture, when he could not find it ing, God is able to call us again into aflerted there) “ that had he consider- existence. That he will, we trust our ed the point more fully, he preluines bibles. he would not have found the scrip- 10. But this is the same non fenle ture taking this natural immortality with which Bishop Bell long ago perfor granted, but rather taking down plexed the question; as may be seen in the contrary; and the new testament his sermons, where Dr. Warburton's every where infifting on it as the very concluding argument is drawn out ground of the whole christian cove- in form. But the misfortune is that i: nant, through which alone we attain will prove equally against the Poep to immortality, or everlasting life." of the body, which all our adverIs this fair dealing?

faries allow to be an expression of 8. Next comes a quotation from feripture, though they did not perceive Dr. Taylor of Norwich. The intent the consequence when they called it of Taylor in this part of his leiter jargon..-and against the refirrection to Dr. Law, from which Dr.W.quotes, of the fame body which I take to be is to thew that the soul cannot by a do&trine of fcripture. For thus the any arguments be proved indepen- argument may be retorted : dent of the body, and it appears A body is a certain quantity of or. that he had in his eye those analogy ganized matter; whenever then this nen who from the soul's being le- organization'ends, as at death, there is cure amid the confusion of some dif- an end of the body. It follows then, orders argued its independence on that between death and resurrection tbe body. To these he opposes ano- there is interposed non-entities of this ther analogy. “ But (says he) we body as such. Therefore (upon the can never prove that the soul of man fame principles) there cannot be a reis of such a nature, that it can and surrection of the fame body and to mult exist and live, think, act, enjoy, talk of its neep is abfurd. This thews &c. feparate from and independent how wisely men contider this question of the body. All our present experi- in a metaphysical light! ence News the contrary. The opera- 11. As to the consequences of this tions of the mind depend constantly doctrine, however flow the prejudiced and invariably upon the state of the may be of conviction, they are clearly hody; of the brain in particular. If favourable to it : Nor do men fo reafrme dying persons have a lively use dily take up with the gloomy prospect of their rational faculties to the laft, of annihilation as is imagined. I doubt it is because death has invaded some whether there ever was a man, (a few other part and the brain remains found fanatic or hypochondriac cases except. and vigorous.” This is Taylor's trash ed) who had so bad an opinion of his which be it exploded or not, seems life, as not rather to risk his damnasfectually to overthrow all independ- tion, than fly deliberately to annihilaunce of foul and body as analogically tion for comfort. Instead of Warbur. deducible. For if the foul is so affect- ton's practical consequences,rather say, ed through the several stages of dif- “ convince the philosophic unbelie. eale as at last to be loft in madness ver of his inherent immortality, and and distraction, what sort of logic will he will laugh at the doctrine of reconclude that in the laft stage it thall furrection as unnecessary." acquire instant vigor and independent activity.

To the AUTHOR of the LONDON As to Clarke and Baxter, if any

MAGAZINE, authority can be of weight in such SIR, 2 queition, to them we oppose Locke R. and Hartley who, in the two beft hif- with accurate accounts of many tories of the human mind, bave prov- dangerous disorders, and has at lait od that the motions of the mind are given his own case, the most obftinate dependent on the body.

of any he has hitherto mentioned, and 9. As to his mushroom fleep, &c. it may justly be deemed incurable. the Dr. may divert hijnself with them It I may venture on a definition I

should . Law's Conful. p. 346.

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